'Human Sacrifice Case Has Shocked People In Kerala': High Court Refuses To Interfere With Order Granting Police Custody Of Accused

The Kerala High Court on Friday dismissed the plea moved by the three accused persons in the recent human sacrifice sase against the Magistrate Court Order granting police the custody of the accused for 12 days. 

The Court has however, permitted the accused to meet their lawyer for 15 minutes every alternate days. However, it has been expressly stipulated that the presence of such lawyers would not be permitted during interrogation of the accused in police custody. 

Justice Kauser Edappagath, while passing the order observed that, the Court below had passed the impugned order granting police custody with "great care and caution". 

The Court further found merit with the submissions made by the prosecution that, "the accused persons cannot dictate in what manner investigation has to be carried out". 

The Court passed the order after hearing the Criminal Revision Petition moved by the three accused persons against the order of the Judicial First Class Magistrate Court VIII, Ernakulam, which permitted the police to take the accused persons in custody for 12 days. 

Two women lottery vendors had been allegedly abducted, killed and buried as part of a ritualistic sacrifice, in the months of June and September by the three accused persons, namely, Muhammed Shafi alias Rasheed, Bhagaval Singh and his wife Laila.

During the hearing today, the counsel for the accused persons, Advocate B.A. Aloor, submitted before the Court that long period of custody for 12 days was not necessary in the instant case.

It was averred in the petition that, "such a long period of custody being sought is also for the purposes of parading the Petitioners before the public and media". The counsel further contended that the court below had not applied its mind while passing the order, to which the Court berated him, saying  such remarks against other courts would not be entertained.

It was also pointed out by the counsel for the petitioners that the impugned order did not state any reason for granting police custody, and that the right of the accused to meet his lawyer during police custody was also not granted. 

However, the Director General of Prosecution, T.A. Shaji, submitted that there was no illegality attached to the order of the court below, and that it had been passed after taking into account the details filed by investigating officer, highlighting the reasons for seeking police custody.

The counsel also submitted that this case has affected the conscience of society, due to which the investigation also is required to be carried out in different dimension. . 

"The gruesome murder of two women purportedly for human sacrifice, has shocked the people of Kerala", the Court observed, while dismissing the petition. 

The Court took specific note that 22 points had been carefully considered by the Court below while passing the order, and did not find any cause to interfere with the same. 

Case Title: Muhammed Shafi & Ors v. State of Kerala & Ors

Citation: 2022 LiveLaw (Ker) 531

Click Here To Read/Download The Order